12443926Q0025 Clause Package.pdf

The contractor shall furnish a Certificate of Conformance (COC) in accordance with Federal Acquisition Regulation (FAR) clause 52.246-15.

Concerns having the expertise and required capabilities to provide these items are invited to submit offers in accordance with the requirements: Performance Work Statement; Technical Specifications; Maps.

The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth as part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates.

This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, The following clauses are mandatory in all solicitations and contracts.

52.212-4 (Terms and Conditions̶ Commercial Products and Commercial Services (Nov 2025)

52.203-17 (Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19 (Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.222-50(Combating Trafficking in Persons (Nov 2025)

52.226-8(Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-39(Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40(Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3(Protest After Award (Sep 2025)

52.233-4(Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91(Security Prohibitions and Exclusions (Nov 2025) Alternate I (Nov 2025) of 52.240-91

52.244-6(Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked: You can either leave all clauses and check the boxes of the ones that apply or delete the clause 52.203-6(Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6

52.203-13(Contractor Code of Business Ethics and Conduct (Nov 2021) 52.204-9(Personal Identity Verification of Contractor Personnel Jan 2011 52.204-13(System for Award Management Maintenance (Nov 2025) 52.204-91(Contractor identification (Nov 2025)

52.209-6(Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) 52.209-9(Updates of Publicly Available Information Regarding Responsibility Matters (Sep 2025)

52.209-10(Prohibition on Contracting with Inverted Domestic Corporation’s (Sep 2025)

52.219-4(Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov (2025) 52.219-6(Notice of Total Small Business Aside (Nov 2025)

Alternate I (Mar 2020).

52.219-8(Utilization of Small Business Concerns (Nov 2025) 52.219-9(Small Business Subcontracting Plan (Nov 2025) Alternate III (Nov 2025) of 52.219-9.

Alternate IV (Nov 2025) of 52.219-9

52.219-14(Limitations on Subcontracting (Nov 2025)

52.219-16(Liquidated Damages Subcontracting Plan (Nov 2025) 52.219-33(Nonmanufacturer Rule (Nov 2025)

52.222-3(Convict Labor (June 2003)

52.222-19(Child Labor Cooperation with Authorities and Remedies (Nov 2025) 52.222-35(Equal Opportunity for Veterans (Nov 2025)

Alternate I (Jul 2014) of 52.222-35

52.222-36(Equal Opportunity for Workers with Disabilities (Nov 2025) Alternate I (Jul 2014) of 52.222-36

52.222-37(Employment Reports on Veterans (Nov 2025)

52.222-40(Notification of Employee Rights Under the National Labor Relations Act (Dec 2010 52.222-41(Service Contract Labor Standards (Aug 2018)

52.222-42(Statement of Equivalent Rates for Federal Hires (May 2014) This Statement is for Information Only:)It is not a Wage Determination

52.222-43(Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 20 52.222-44(Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014)

52.222-51(Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Cerati 52.222-53(Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (Nov 2025) 52.222-54(Employment Eligibility Verification (Nov 2025)

52.222-62(Paid Sick Leave Under Executive Order 13706 (Jan 2022)

52.223-9(Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

52.223-11(Ozone-Depleting Substances and High Global Warming Potential (Hydrofluorocarbons (Nov 2025) 52.223- 12(Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air (((Conditioners (Nov 2025) 52.223- 23(Sustainable Products and Services

52.224-3(Privacy Training (Jan 2017) Alternate I (Jan 2017) of 52.224-3

52.225-1(Buy American-Supplies (Nov 2025) Alternate I (Oct 2022) of 52.225-1

52.225-3(Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025) Alternate II (Nov 2025) of 52.225-3.

Alternate III (Nov 2025) of 52.225-3.

Alternate IV (Oct 2022) of 52.225-3 52.225-5(Trade Agreements (Nov 2023)

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic ((or Consular Mission outside the United States 52.225-26(Contractors Performing Private Security Functions Outside the United States (Oct ((2016)

52.226-4(Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

52.226-5(Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) 52.229-12(Tax on Certain Foreign Procurements

52.232-29(Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021)

52.232-30(Installment Payments for Commercial Products and Commercial Services (Nov 2021)

52.232-33(Payment by Electronic Funds Transfer̶ System for Award Management (Oct 2018)

52.232-34(Payment by Electronic Funds Transfer Other Than System for Award Management (Jul 2013) 52.232-36(Payment by Third Party (Nov 2025)

52.237-2(Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.237-3(Continuity of Services (Jan 1991)

52.240-92(Security Requirements (Nov 2025)

52.240-93(Basic Safeguarding of Covered Contractor Information Systems (No 2025)

52.247-64(Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025) Alternate I (Apr 2023) of 52.247-64.

Alternate II (Nov 2021) of 52.247-64 Other Applicable Clauses

Add any other clauses that apply to this procurement. Consider Parts 16, 17, 27, 39, 36, 45, 47, etc. Some common clauses are (this is not an 52.216-18(Ordering (Aug 2020)

52.216-19(Delivery ‒ Order Limitations (Oct 1995) 52.216-21(Requirements (Nov 2025)

Alternate I (Apr 1984) of 52.216-21 52.216-22(Indefinite Quantity (Nov 2025)

52.217-6(Option for Increased Quantity (Mar 1989)

52.217-7(Option for Increased Quantity - Separately Priced Line Item (Mar 1989) 52.217-8(Option to Extend Services (Nov 1999)

30 calendar days prior to contract expiration

52.217-9(Option to Extend the Term of the Contract (Mar 2000)

(a) 30 Calendar days prior to contract expiration and 60 days

(c) five years.

52.232-90(Fast Payment Procedures (Nov 2025) 52.245-1(Government Property (Sep 2021) Alternate I (Sep 2021) of 52.245-1

52.245-2(Government Property 52.245-9(Use and Charges

52.246-15(Certificate of Conformance (Apr 1984) 52.247-29(F.O.B. Origin (Feb 2006)

52.247-34(F.O.B. Destination (Jan 1991) AGAR Clauses

Until we have the AGAR posted in its entirety on a public facing site, you will need to include AGAR provisions and clauses in full text. Text 452.203-71 (Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec (2025)

(a) By entering into this contract, the Contractor certifies that:

It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will rem Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that viol

(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Edu detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Ord

(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any

(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contra

(f) The Contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Office (End of Clause)

452.204‒70(Modification for Contract Closeout (Nov 2025)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) shall issue a unilateral deobligation and closeout.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Office

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on (End of Clause)

452.204-71'Personal Identity Verification of Contractor Employees (Nov 2025)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the United States Department of Agriculture.

(b) Should the USDA Directives 4620-002 require the exclusion of a contractor's employee, the contracting officer will notify the contractor in

(c) The responsibility of maintaining a sufficient workforce remains with the contractor. Contractor employees may be barred by the Government

(d) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine unaccompanied physical access

(e) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the COR, unless otherwise specified in t (End of Clause)

452.211-71 Variation in Quantity'(Sep 2025)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of

(b) The permissible variation shall be limited to:

'Percent increase [Contracting Officer insert percentage]

'Percent decrease [Contracting Officer insert percentage] This increase or decrease shall apply to' .' * (End of clause)

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as-The total contract quantity;

Item1 only;

Each quantity specified in the delivery schedule; The total item quantity for each destination; or

The total quantity of each item without regard to destination. (End of Clause)

452.211-72 Delivery of Excess Quantities (Sep 2025)

The Contractor must deliver item quantities within allowable variations. 'Excess quantities received by the Government are considered deliveries (End of clause)

Solicitation Information All of the information in this section can be removed after solicitation so you have your award document ready. Award Type

It is anticipated that a will be awarded as a result of this synopsis/solicitation. Example: It is anticipated that a firm-fixed price requirements If multiple awards would be considered, use the following language (tailor as needed). Delete if not applicable.

The Government reserves the right to make more than one award (multiple awards) for different line items, if, after considering the additional If only one award will be considered, use the following language (tailor as needed). Delete if not applicable.

The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for Evaluation and Basis for Award

Under $9M - If over $9M, delete this entire section and see the information before for over $9M.

FAR 52.212-2 shall not be used unless tradeoffs are being used. When under $9M, and not using tradeoffs, include the following statement:

The provision at FAR 52.212-2, Evaluation Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria list Example Evaluation and Basis for award - Contracting Officers may choose whatever evaluation methodology best meets their requirements. Technical Approach:

The technical approach will evaluate the ability of the offeror to provide a sound and compliant approach that meets all requirements and show Ability of the offeror to meet the schedule requirements listed in the Statement of Work (SOW).

Detailed explanation of any requirement listed in the SOW that cannot be successfully accomplished by the offeror. Price: The offeror shall provide pricing as requested in the Schedule of Items of this Request for Quote. Past Performance: The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the Acceptable: The contractor shows a demonstrated ability to meet contract requirements in prior or current contracts, including quality of work, Neutral: Offeror does not have a past performance record. Unacceptable: The contractor has a documented history of failing to meet contract requirements, including poor quality, missed deadlines, cost Evaluation Method: All quotations will be evaluated to identify the offeror presenting the most ‘technically advantageous solution ‘based on the stated evaluation criteria Award will be made to the offeror whose proposal is determined to be the ‘highest technically rated, provided that: The proposed price is ‘fair and reasonable, and Past performance is assessed as ‘acceptable or neutral.

Sample Highest Technically Rated with Fair and Reasonable Pricing Evaluation Criteria.docx Sample Comparative Evaluation of Quotations Evaluation Criteria.docx

Over $9M - If under $9M, delete this entire section.

FAR 52.212-2 is used for all competitive acquisitions. When over $9M, insert the following statement: FAR 52.212-2 Evaluation - Commercial Products and Commercial Services (Nov 2025)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conformin [Insert evaluation factors in the relative order of importance. For requests for proposals, state: Evaluation factors other than price when combi

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price f

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance spe (End of provision)

Delivery Information

, is requested as the F.O.B. point for all deliverables.

If F.o.b Destination is chosen, include the following statement - All offers will be considered F.O.B. Destination unless F.O.B. origin is specifi The USDA requires delivery of all items by (insert date or information on where to find the information (e.g. in the schedule). Early deliveries Shipping Instructions:

Items shall be shipped to the following address:

Service Contract Labor Standards - If the contract is subject to the Service Contract Act and the place of performance is unknown, include the The Service Contract Labor Standards could apply to any contracts awarded through this solicitation. In accordance with (IAW) FAR 22.1002 possible places of performance and has included Wage Determinations for each place as an attachment to this solicitation. The Contracting Of Offerors must request additional wage determinations no later than two days before solicitation close. Offerors who intend to perform in a plac Noncompetitive Contract Action (delete if this is not a noncompetitive contract action)

For noncompetitive contract actions (including those at or below the SAT), identify the intended source and explain why competition is lackin Qualification Requirements

State whether an offeror or its product or service must meet a qualification requirement to be eligible for award; and if so, identify the office fr Offerors, or the product or service, are not required to meet a qualification requirement to be eligible for award.

OR

Offerors, or the product or service, ARE required to meet a qualification requirement to be eligible for award. Qualification requirements may Other Information - Include any other information as needed for the solicitation.

52.252-1(Solicitation Provisions Incorporated by Reference((Feb 1998

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. 52.212-1(Instructions to Offerors - Commercial Products and Commercial Services (Nov (((2025)

Add any items at FAR 52.212-1 not already stated and any other applicable instructions such as page limits, font size, document type required FAR 52.212-1 is amended as follows:

Period for acceptance of offers.

The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers. Questions

Questions shall be submitted via email to Jon.Smith@usda.gov and are due no later than November 15, 2025, at 12:00 PM Pacific Time. This 52.203-18(Prohibition on Contracting with Entities that Require Certain Internal Confidentiality ((Agreements or Statements-Representation (J 52.209-2(Prohibition on Contracting with Inverted Domestic Corporations - Representation ((((Sep 2025)

52.209-11(Representation by Corporations Regarding Delinquent Tax Liability or a Felony (((Conviction under any Federal Law (Sep 2025) 52.240-90(Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)

The following provisions are applicable if checked: You can either leave all clauses and check the boxes of the ones that apply or delete the cla 52.203-11(Certification and Disclosure Regarding Payments to Influence Certain Federal (((Transactions (Sep 2024)

52.204-7(System for Award ManagementR̶egistration (Nov 2025) Alternate I (Nov 2025) to 52.204-7

52.204-90(Offeror Identification (Nov 2025)

52.207-6(Solicitation of Offers from Small Business Concerns and Small Business Teaming ((Arrangements or Joint Ventures (Multiple-Awar 52.209-12(Certification Regarding Tax Matters (Oct 2025)

52.219-2(Equal Low Bids (Nov 2025)

52.222-18(Certification Regarding Knowledge of Child Labor for Listed End Products (Feb (((2021)

52.222-48(Exemption from Application of the Service Contract Labor Standards for ((((Maintenance, Calibration, or Repair of Certain Equipm mailto:Jon.Smith@usda.gov

52.222-52(Exemption from Application of the Service Contract Labor Standards for Certain (((Services-Certification (Nov 2025) 52.222-56(Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)

52.223-4(Recovered Material Certification (May 2008) 52.225-2(Buy American Certificate (Oct 2022)

52.225-4(Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025) 52.225-6(Trade Agreements-Certificate (Feb 2021)

52.226-3(Disaster or Emergency Area Representation (Nov 2007)

52.229-11(Tax on Certain Foreign Procurements̶Notice and Representation (Jul 2025) Other Applicable FAR Provisions

Add any other provisions that apply to this procurement. Consider Parts 16, 17, 27, 47, etc. Some common provisions are (this is not an inclu 52.216-31(Time and Materials/Labor Hour Proposal Requirements - Commercial Acquisition (((Nov 2021)

52.217-5(Evaluation of Options (Nov 2025) 52.225-18(Place of Manufacture (Aug 2018) 52.233-2(Service of Protest (Sep 2025) 52.237-1(Site Visits (Apr 1984)

AGAR Provisions

Until we have the AGAR posted in its entirety on a public facing site, you will need to include AGAR provisions and clauses in full text. Ther 452.203-70(Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec ((2025)

(a) By submission of its offer, the offeror certifies that:

It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.

Neither it nor any proposed subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manne

(b) If the offeror participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Educatio

(c) The offeror affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material t above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any

(e) Submission of a knowing false statement relating to offeror’s compliance with the above requirements and/or eligibility for the contract m

(f) Failure on the part of the offeror or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to (End of Provision)

452.211-70 Brand Name or Equal (Sep 2025)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- Meet the salient physical, functional, or performance characteristics specified in this (solicitation;

Clearly identify the item by-Brand name, if any; and Make or model number;

Include descriptive literature such as illustrations, drawings, or a clear reference to (previously furnished descriptive data or information availa Clearly describe any modifications the offeror plans to make to a product to make it (conform to the solicitation requirements.' Mark any descr

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and rea

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name (End of provision)

NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Ombudsman Program

The USDA is committed to issuing solicitations and awarding contracts in a fair and prompt manner. The Ombudsman Program for Agency P Informal Forum with the Ombudsman

Initial Point of Contact:'Interested parties who believe a specific USDA procurement is unfair or otherwise defective should first direct their co Escalation:'If the Contracting Officer is unable to address their concerns, interested parties are encouraged to contact the USDA Ombudsman f Required Information:'To ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation Formal Agency Protest with the Ombudsman

Effort to Resolve:'Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Cont Independent Review:'If the protester’s concerns remain unresolved, an Independent Review is available by the Ombudsman. The protester m Resolution Timeline:'The agency’s goal is to resolve protests within 35 calendar days from the date of filing.

Required Information:'Protests shall include the information set forth in FAR 33.104(a)(3). Failure to submit the required information may res Timeliness:'Protests must be filed within the timeframes specified in FAR 33.104.

Submission:'Formal protests under the OPAP program should be submitted electronically to'SPE.inquiry@usda.gov'and the Contracting Offic Election of Forum. By initiating a protest with the USDA, the protester agrees not to pursue the same matter with the Government Accountabi